News Archive (16)Apr 24, 2019IP Office Will Not Accept Division or Merger Requests of Intl. Registration Sweden has notified WIPO in accordance with new Rules 27ter(2)(b) and 40(6) of the Common Regulations, which entered into force on February 1, 2019.
According to the said notification:
- new Rule 27bis(1) of the Common Regulations, providing for the possibility to file a request for division, is not compatible with the law of the Contracting Party and does not apply to it; and,
- the law of the Contracting Party does not provide for the merger of registrations of a mark.
As a result, the Office will not present to WIPO requests for the division of an international registration under new Rule 27bis(1) nor requests for the merger of international registrations resulting from division under new Rule 27ter(2)(a).
For further information, please refer to here Jan 31, 2019 (Newsletter Issue 1/19)New Trademark Legislation EffectiveThe Swedish Patent and Registration Office (PRV) informed of several important changes to the trademark law and related constitutions that came into effect as of January 1, 2019.
The most important changes include:
- Graphical representation requirement for trademark registration abandoned
- Changes to opposition proceedings are being implemented; for example, a due date for settlement of objections, requirements of use as a basis for revocation, and that decisions on revocation applies retroactively.
- The date of application will only be allocated by the Swedish Patent and Registration Office (PRV), if certain criteria are met, such as clear intent of registration, name of the applicant, clear representation of the trademark and a list of goods and services should be included in the application.
- As of January 1, 2019, a trademark registration is valid for 10 years from the date of application.
- Trademark registrations that are due for renewal after January 1, 2019, can be renewed at the earliest 6 months before and at the latest 6 months after the expiration date.
- Protection of goods in transit extended
- New law on Company Names replaces the existing Trade Names Act of 1974 (key point: a trademark owner may hinder the registration for a company name and vice versa)
For more information, please check the PRV's website
Further sources: Groth & Co KB and www.awa.com
Please note that the amendments have been included and the Swedish survey has been updated thanks to our contributor Groth & Co KB, Sweden.Source: www.prv.se, www.groth.eu Dec 13, 2018 (Newsletter Issue 21/18)Trademark Legislation Changed SoonAs of January 1, 2019, several changes to the Swedish Trademark Act and related constitutions will come into force. The changes mark the end of a revision that started at EU level almost ten years ago.
Some of the important changes are below:
- The graphical representation requirement for trademarks is abandoned
- Changes to opposition proceedings, for example a due date for settlement of objections, requirements of use as a basis for revocation and, that decisions on revocation apply retroactively
- Trademark duration starts from the date of application and not from the date of registration
- Trademark registrations can be renewed at the earliest 6 months before and at the latest 6 months after the expiration date
- Launch of new e-service for trademark renewal
Further, a new law, the Company Name Act, replaces the existing Trade Names Act of 1974. The new law will have a more modern language, and will therefore make it easier for business owners to understand the rules and act according to the legislation. In connection with this, some additions in the practical processing are also implemented.
For more information, please check the update of the Swedish Patent and Registration Office here and of our Country Index partner Groth & Co. hereSource: www.prv.se, www.groth.eu Oct 11, 2018 (Newsletter Issue 17/18)Act on Protection of Trade Secrets in ForceOn July 1, 2018, the new Swedish Act on the Protection of Trade Secrets entered into force. It is based on the Directive EU 2016/943 and follows the principles in the previous law, with some adjustments and adaptions. The government underlines that an overall purpose with the new law is the importance of securing competitiveness and improve the conditions for innovation and knowledge transfer.
The new law strengthens the protection of trade secrets, while at the same time placing higher demands for active actions by companies to inform employees with access to sensitive information regarding what information is considered trade secrets.
For more information, please click hereSource: www.magnussonlaw.com Jun 14, 2018 (Newsletter Issue 11/18)E-Filing of Renewal of Design Registrations Available NowThe Swedish Patent and Registration Office (PRV) has implemented an online service for renewal of design registrations.
The new service saves time and money compared to a paper application. Renewing a design registration electronically costs SEK 2,500 SEK instead of SEK 3,000.
The new service can be accessed hereSource: www.prv.se Feb 13, 2018 (Newsletter Issue 3/18)
Official Fees Increased
The Swedish Patent and Registration Office (PRV) informs on the official fee increase as of February 14, 2018.
The new official fee for filing a trademark application is now SEK 2,700 in paper form and SEK 2,000 for e-filing in one class. The official fee for each additional class is now SEK 1,000 for e-filing and in paper form.
Source: www.prv.se
Oct 28, 2015 (Newsletter Issue 16/15)
Design E-Filing and E-Services Now Possible
The Swedish Patent and Registration Office (PRV) has implemented Design e-filing and e-services, two components of the Software Package project developed by the Cooperation Fund.
These two integrations complete an entirely new front office system for PRV, offering a full electronic filing experience for PRV users.
Source: www.tmdn.org
May 02, 2013 (Newsletter Issue 6/13)
New Feature in Trademark Renewal
The Swedish Patent and Registration office (PRV) has announced that it is now possible to pay for the online trademark renewal application through a deposit account.
Trademark owners can search for their trademark in the Swedish Trademark Renewal Service and find out when their trademark renewal is due. When using the online renewal service the fees are paid electronically.
Source: www.prv.se
Jan 18, 2013 (Newsletter Issue 1/13)New Formalities PracticeThe Swedish Patent and Registration office (PRV) has started to apply a new practice concerning the examination of formalities in matters related to trademark- and industrial design cases as of October 1, 2012. In most cases signatures in original hand-writing will no longer be required. Furthermore, authorization of signatures will only be examined in doubt of their veracity. PRV will normally accept replies to office actions filed by electronic means and should be sent to kundtjanst@prv.se.
There will be a change in the demand of original signature concerning trademark- and design cases. Certified copies will be accepted but there is no demand for seals, stamps or certification by a Notary Public. A confirmation in hand writing is sufficient, together with the name in printed or block letters. Furthermore fax and e-mail of scanned documents containing a signature in original will normally be treated as certified copies.
The new practice pertains to applications, withdrawals, letters of consent, legal documents/deeds filed in support of applications for the recordal of transfers, licenses, pledges. Appeals will also be accepted for the purpose of a filing date, however, a signature in original hand-writing will be subsequently be required by PBR (the Count of Patent Appeals) before final trial of the appeal.
The requirement for submission of a document in original will remain concerning powers of attorney.
For further information, please click here
Source: www.prv.se Jan 18, 2013 (Newsletter Issue 1/13)
Official Fees Increased
The Swedish Patent and Registration office (PRV) has increased the official fees for trademark filings from December 1, 2012.
The official fee for registering a trademark is now SEK 2,300.00 (approx. EUR 267.-) in paper form or SEK 1,800.00 (approx. EUR 209.00) for e-filing in one class.
The official fee for each additional class is now SEK 900.00 (approx. EUR 104.00) for E-filing. The fee for each additional class stays the same in paper form with SEK 900.00.
Source: www.prv.se
Dec 01, 2011 (Newsletter Issue 14/11)Most Creative Country in the WorldThe study by the Martin Prosperity Institute informs that Sweden is number one in the Top 25 overall Global Creativity Index rankings. The study shows that Sweden has immense talent, top-five technological progress and the tolerance to embrace them both. Each country is given a Global Creativity Index, GCI, which is based on Technology Rank, Talent Rank and Tolerance Rank. The study found that there is a great correlation between creativity and economic growth.
The Top 15 List includes;
1. Sweden, 2. USA, 3. Finland, 4. Denmark, 5. Australia, 6. New Zealand, 7. Canada, 8. Norway, 9. Singapore, 10. Netherlands, 11. Belgium, 12. Ireland, 13. United Kingdom, 14. Switzerland, 15. France
To access the study, please click here
Source: GROTH & CO KB, Sweden Dec 01, 2011 (Newsletter Issue 14/11)
Trademark Application Modernised
The Swedish Trademark Office introduced an updated version of the online service Swedish Trademark Application on December 01, 2011.
Following improvements have been done:
- Possibility to sign the application with e-ID.
- Extended payment options through direct payment in the bank. Large business customers receive the possibility to pay via PRV Deposit Account.
- Introduction of a "shopping cart", to pay for multiple applications simultaneously and the possibility to reuse the same classification and data from a recently completed application.
- Use of the database EuroClass for the classification of goods and services, which was developed in cooperation with the Office for Harmonization in the Internal Market (OHIM). Among other things, this means that the number of searchable goods and services has increased from about 9 000 to about 77 000.
Source: www.prv.se
Oct 01, 2011 (Newsletter Issue 11/11)New Trademark LawOn July 2011, a new trade Mark Act came into force. It replaces the old Trademark Act and the Collective Marks Act after more than 50 years. The new law brings Swedish trademark regulation in line with the Singapore Treaty on the Law of Trademarks. The Swedish Patent and Trademark Office (PRV) has now published the most important amendments:
- If your application is dismissed, the new act introduces the possibility of having your application reinstated for processing.
- Formerly, the PRV rejected the entire application even if the hindrance to registration only existed for some of the goods or services you have applied for. Following the new Law, the PRV will reject an application only to the extent that there is a hindrance.
- If someone else submits an application for registration of a trademark that you consider to be yours, you can request the transfer of the application to you. In this case, you need to show that you have better rights to the respective mark.
- The new act contains provisions for administrative revocation. It means that instead of applying for a summons in the district cour, you can request that PRV revokes a registration.
- The opposition period changed to three months of the public notification date.
- A surname will constitute a hindrance to registration in far fewer cases than before. Therefore, anyone who has a distinctive surname must themselves monitor and make sure that no one else registers the name as a trademark to a greater extent than today. Even with regards to artist names, there can be reason for the name owner to monitor his rights to a greater extent.
- The renewal of the registration can even be made by someone other than the owner.
- The owner of a trademark registration, who is neither resident nor running a business in Sweden, must notify PRV of a service agent resident in Sweden. A Notice is regarded to have been served if it has been sent to the address for service stated in the trademark registration.
- A final decision by PRV can be appealed against to the Court of Patent Appeals within two months of the decision date. Even others than the applicant can appeal, if the decision goes against the complainant.
- Confidentiality in trademark cases can be requested by a trademark opponent or owner, if the information is related to business or operating conditions. Information about the party requesting confidentiality cannot be kept secret. Information which is relevant to the assessment of a trademark validity or scope of protection cannot be kept secret either.
For more information on the new trademark law please click here Jul 01, 2011 (Newsletter Issue 9/11)Opposition Period ChangedThe Swedish Patent and Trademark Office (PRV) has changed the opposition period from 2 months to 3 months effective from July 1st, 2011.
It affects the opposition period for national trademarks as well for international registrations designating Sweden (or subsequent extensions to Sweden).
Source: GROTH & CO KB, Sweden May 05, 2011 (Newsletter Issue 7/11)
New Trademark Act Soon
The Swedish Patent and Registration Office (PRV) announced that a new Trademark Act enters into force on July 1st, 2011. The Act introduces new provisions for family names, artist names and titles. Furthermore, the special protection for distinctive titles is struck.
Applicants can request a suspension of examination of their application containing a family name, artist name or title. In such case, the PRV will not examine the case until the new trademark law comes into force. This is to facilitate the processing of trademark applications which contain a family name, artist name or title. To request a suspension, the PRV needs to be contacted.
Source: www.prv.se
Feb 01, 2011 (Newsletter Issue 2/11)Online Service for TM RenewalsThe Swedish Patent and Registration Office (PRV) has created an online service for trademarks renewals.
It is now possible to renew a registered trademark online. You can also use the service to get advice on when it is possible to apply for renewal.
For other changes of information (address, owners, representative, etc.) concerning a trademark registration an application form still needs to be filled out.
To access the online service please click here Legal basis is the Trademark Act of 2011 (SFS 2010:1877). An amendment to the Trademark Act came into force on January 1, 2019.
Sweden is a member of the Madrid Protocol and the European Union.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
ClassificationNice classification, 12th edition
What is Registrable as a TrademarkAny distinctive sign that can be depicted in a clear and precise manner is considered registrable as a trademark. This includes words, devices, the three-dimensional form of a good or its packaging, colours or colour combinations, sounds and any combination of the mentioned signs, as well as multimedia marks, motion marks, and holograms. There is no longer a need for the mark to be represented graphically.
The following trademark types are registrable: trademarks, service marks, collective marks and certification marks.
Registration ProceedingsThe application is filed at the Swedish Patent & Trademarks Office, PRV.
Multiple-class applications are possible.
Foreign applicants do not need a local agent if the applicant is from the EU.
All correspondence must be sent in Swedish.
The owner of a trademark registration, who is neither resident nor running a business in Sweden, must notify PRV of a service agent resident in Sweden.
PRV does not require a power of attorney with a new application. If a power of attorney is submitted with the application, it has to be the original.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks, company names and family names.
According to the new rules, the date of application will not be automatically allocated when a trademark application is submitted to the Swedish Patent and Registration Office (PRV), but only if certain criteria are met (clear intent of registration, name of the applicant, clear representation of the trademark and a list of goods and services should be included in the application). The processing time from first filing to registration or first office action is approx. 3 to 6 months.
After registration, the trademark is published in the “Svensk Varumärkestidning”, the Swedish Trademark Gazette.
Opposition PeriodNational:The opposition period is 3 months from the publication of the trademark registration in the Official Gazette.
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
Trademark DurationAs of January 1, 2019, a trademark registration is valid for 10 years from the date of application. Before January 1, 2019, a trademark registration was valid for 10 years from the date of registration.
The registration is renewable for periods of 10 years. Registrations filed prior to the law change, will keep 10-year duration periods counting from the registration date.
Grace Period for Trademark RenewalPractical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee for filing a trademark application is SEK 3,500 in paper form and SEK 2,400 for e-filing in one class. The official fee for each additional class is now SEK 1,000 (e-filing or in paper form). There is no fee for publication or registration of a trademark.
It should be noted that it is not always possible to file via e-filing. It depends on if the goods/services already have been accepted by the Swedish PTO (the class headings are of course accepted).
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Practical details on trademark licensing are available in our publication
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More in-depth details are available for the following aspects:
General Trademark Regulations
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Oct 08, 2024
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